Local Board overrules ABCC Decision on Alcohol Sting Operation

Brookline Patch reports that the Brookline Board of Selectman last month voted to overrule a Massachusetts Alcoholic Beverages Control Commission ruling that stated an underage alcohol sting program conducted by the town was illegal. The ABCC had ruled in favor of the store owner to repeal the suspension, citing state rules regarding underage alcohol stings. State regulations require the minor buyer operative leave all of their personal belongings at the police station and that the buyer should leave the store after the sale.

On October 27, 2011, the minor went to purchase a 1.75-liter bottle of vodka. The manager, Marcello Rullo, asked if the young man was 21. The minor said that he was 21-years-old, but he didn’t have his license on him. Rullo then asked when the young man’s birthday was. The minor stated his actual birthdate, which would have made him 20 years old. The minor then pulled out his wallet and paid for the vodka. By having that wallet on his person and by hanging around the store after the sale as opposed to leaving instantly, the ABCC ruled that the sting was conducted improperly and the punishment should be nullified.

The Brookline Selectman overruled the ABCC and upheld the suspension because the store still sold the minor the alcohol after he told them the wrong birth date.